(1) A person may apply
to a competent court for an order under this section if personal information
about the person has been listed in a residential tenancy database.
(2) The court may make
an order under this section if it is satisfied that —
(a) the
residential tenancy database includes personal information about the applicant
that is inaccurate, incomplete, ambiguous or out-of-date; or
(b) the
inclusion of the applicant’s name or other personal information about
the applicant is unjust in the circumstances, having regard to all of the
following —
(i)
the reason for the listing;
(ii)
the tenant’s involvement in any acts or omissions
giving rise to the listing;
(iii)
any adverse consequences suffered, or likely to be
suffered, by the tenant because of the listing;
(iv)
any other relevant matter.
(2A) Without limiting
subsection (2)(b), the inclusion of the applicant’s name or other
personal information about the applicant is unjust if the circumstances
relating to the listing result from the applicant being subjected or exposed
to family violence.
(2B) The court may
order personal information about a person in a residential tenancy database to
be wholly or partly removed, amended in a stated way or not listed in a
residential tenancy database.
(3) The court must
give a copy of the order to the lessor, tenant and database operator.
(4) If the court makes
an order directing a person other than a lessor or agent to remove, amend or
not list information in a residential tenancy database, the court must give a
copy of the order to the person.
[Section 82J inserted: No. 60 of 2011 s. 96;
amended: No. 3 of 2019 s. 20.]